§ 2104. — Forest health protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2104]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2104. Forest health protection
(a) In general
The Secretary may protect trees and forests and wood products,
stored wood, and wood in use directly on the National Forest System and,
in cooperation with others, on other lands in the United States, from
natural and man-made causes, to--
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and
employment associated therewith through the protection of forest
resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds, shelterbelts, and
windbreaks;
(5) protect outdoor recreation opportunities and other forest
resources; and
(6) extend timber supplies by protecting wood products, stored
wood, and wood in use.
(b) Activities
Subject to subsections (c), (d), and (e) of this section and to such
other conditions the Secretary may prescribe, the Secretary may,
directly on the National Forest System, in cooperation with other
Federal departments on other Federal lands, and in cooperation with
State foresters, or equivalent State officials, subdivisions of States,
agencies, institutions, organizations, or individuals on non-Federal
lands--
(1) conduct surveys to detect and appraise insect infestations
and disease conditions and man-made stresses affecting trees and
establish a monitoring system throughout the forests of the United
States to determine detrimental changes or improvements that occur
over time, and report annually concerning such surveys and
monitoring;
(2) determine the biological, chemical, and mechanical measures
necessary to prevent, retard, control, or suppress incipient,
potential, threatening, or emergency insect infestations and disease
conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary
determines necessary to prevent, retard, control, or suppress
incipient, potential, threatening, or emergency insect infestations
and disease epidemics affecting trees;
(4) provide technical information, advice, and related
assistance on the various techniques available to maintain a healthy
forest and in managing and coordinating the use of pesticides and
other toxic substances applied to trees and other vegetation, and to
wood products, stored wood, and wood in use;
(5) develop applied technology and conduct pilot tests of
research results prior to the full-scale application of such
technology in affected forests;
(6) promote the implementation of appropriate silvicultural or
management techniques that may improve or protect the health of the
forests of the United States; and
(7) take any other actions the Secretary determines necessary to
accomplish the objectives and purposes of this section.
(c) Consent of entity
Operations under this section to prevent, retard, control, or
suppress insects or diseases affecting forests and trees on land not
controlled or administered by the Secretary shall not be conducted
without the consent, cooperation, and participation of the entity having
ownership of or jurisdiction over the affected land.
(d) Contribution by entity
No money appropriated to implement this section shall be expended to
prevent, retard, control, or suppress insects or diseases affecting
trees on non-Federal land until the entity having ownership of or
jurisdiction over the affected land contributes, or agrees to
contribute, to the work to be done in the amount and in the manner
determined appropriate by the Secretary.
(e) Allotments to other agencies
The Secretary may, in the Secretary's discretion, and out of any
money appropriated to implement this section, make allocations to
Federal agencies having jurisdiction over lands held or owned by the
United States in the amounts the Secretary determines necessary to
prevent, retard, control, or suppress insect infestations and disease
epidemics affecting trees on those lands.
(f) Limitation on use of appropriations
(1) Removing dead trees
No amounts appropriated shall be used to--
(A) pay the cost of felling and removing dead or dying trees
unless the Secretary determines that such actions are necessary
to prevent the spread of a major insect infestation or disease
epidemic severely affecting trees; or
(B) compensate for the value of any property injured,
damaged, or destroyed by any cause.
(2) Insects and diseases affecting trees
The Secretary may procure materials and equipment necessary to
prevent, retard, control, or suppress insects and diseases affecting
trees without regard to section 5 of title 41, under whatever
procedures the Secretary may prescribe, if the Secretary determines
that such action is necessary and in the public interest.
(g) Partnerships
The Secretary, by contract or cooperative agreement, may provide
financial assistance through the Forest Service to State foresters or
equivalent State officials, and private forestry and other
organizations, to monitor forest health and protect the forest lands of
the United States. The Secretary shall require contribution by the non-
Federal entity in the amount and in the manner determined appropriate.
Such non-Federal share may be in the form of cash, services, or
equipment, as determined appropriate by the Secretary.
(h) Authorization of appropriations
There are authorized to be appropriated annually such sums as may be
necessary to carry out subsections (a) through (g) of this section.
(i) Integrated pest management
(1) In general
Subject to the provisions of subsections (c) and (e) of this
section, the Secretary shall, in cooperation with State foresters or
equivalent State officials, subdivisions of States, or other
entities on non-Federal lands (hereafter in this subsection referred
to as the ``cooperator'')--
(A) provide cost-share assistance to such cooperators who
have established an acceptable integrated pest management
strategy, as determined by the Secretary, that will prevent,
retard, control, or suppress gypsy moth, southern pine beetle,
spruce budworm infestations, or other major insect infestations
in an amount no less than 50 percent nor greater than 75 percent
of the cost of implementing such strategy; and
(B) upon request, assist the cooperator in the development
of such integrated pest management strategy.
(2) Authorization of appropriations
There are hereby authorized to be appropriated annually
$10,000,000 to implement this subsection.
(Pub. L. 95-313, Sec. 8, formerly Sec. 5, July 1, 1978, 92 Stat. 368;
renumbered Sec. 8 and amended Pub. L. 101-624, title XII, Secs. 1215(1),
1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)
Prior Provisions
A prior section 8 of Pub. L. 95-313 was renumbered section 11 and is
classified to section 2107 of this title.
Amendments
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to insect and disease control
on Federal and non-Federal forest lands, additional protective functions
and responsibilities concerning such lands, consent, cooperation, and
participation of, and contribution by, entity having jurisdiction over
such lands, allocations to Federal agencies having jurisdiction over
such lands, availability and limitations on use of appropriated amounts,
and authorization of appropriations.
Stewardship End Result Contracting Demonstration Project
Pub. L. 107-63, title III, Sec. 332, Nov. 5, 2001, 115 Stat. 471,
provided in part that: ``The authority to enter into stewardship and end
result contracts provided to the Forest Service in accordance with
section 347 of title III of section 101(e) of division A of Public Law
105-277 [set out as a note below] is hereby expanded to authorize the
Forest Service to enter into an additional 28 contracts subject to the
same terms and conditions as provided in that section: Provided, That of
the additional contracts authorized by this section at least 9 shall be
allocated to Region 1 and at least 3 to Region 6.''
Similar provisions were contained in Pub. L. 106-291, title III,
Sec. 338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L. 107-20,
title II, Sec. 2604, July 24, 2001, 115 Stat. 178.
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 347], Oct. 21,
1998, 112 Stat. 2681-231, 2681-298, as amended by Pub. L. 106-113, div.
B, Sec. 1000(a)(3) [title III, Sec. 341], Nov. 29, 1999, 113 Stat. 1535,
1501A-201; Pub. L. 107-63, title III, Sec. 332, Nov. 5, 2001, 115 Stat.
471, provided that:
``(a) In General.--Until September 30, 2004, the Forest Service, via
agreement or contract as appropriate, may enter into no more than
twenty-eight (28) stewardship contracting demonstration pilot projects
with private persons or other public or private entities, of which
Region One of the Forest Service shall have the authority to enter into
nine (9) such contracts, to perform services to achieve land management
goals for the national forests that meet local and rural community
needs.
``(b) Land Management Goals.--The land management goals of a project
under subsection (a) may include, among other things--
``(1) road and trail maintenance or obliteration to restore or
maintain water quality;
``(2) soil productivity, habitat for wildlife and fisheries, or
other resource values;
``(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve wildlife
habitat;
``(4) noncommercial cutting or removing of trees or other
activities to promote healthy forest stands, reduce fire hazards, or
achieve other non-commercial objectives;
``(5) watershed restoration and maintenance;
``(6) restoration and maintenance of wildlife and fish habitat;
and
``(7) control of noxious and exotic weeds and reestablishing
native plant species.
``(c) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of an
agreement or contract under subsection (a) shall be selected on a
best-value basis, including consideration of source under other
public and private agreements or contracts.
``(2) Term.--A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254c),
except that the period of the contract may exceed 5 years but may
not exceed 10 years.
``(3) Offsets.--
``(A) In general.--In connection with agreement or contracts
under subsection (a), the Forest Service may apply the value of
timber or other forest products removed as an offset against the
cost of services received.
``(B) Methods of appraisal.--The value of timber or other
forest products used as offsets under subparagraph (A)--
``(i) shall be determined using appropriate methods of
appraisal commensurate with the quantity of products to be
removed;
``(ii) may be determined using a unit of measure
appropriate to the agreement or contracts; and
``(iii) may include valuing products on a per-acre
basis.
``(4) Relation to other laws.--The Forest Service may enter into
agreement or contracts under subsection (a), notwithstanding
subsections (d) and (g) of section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a).
``(d) Receipts.--
``(1) In general.--The Forest Service may collect monies from an
agreement or contract under subsection (a) so long as such
collection is a secondary objective of negotiating contracts that
will best achieve the purposes of this section.
``(2) Use.--Monies from an agreement or contract under
subsection (a) may be retained by the Forest Service and shall be
available for expenditure without further appropriation at the
demonstration project site from which the monies are collected or at
another demonstration project site.
``(3) Relation to other laws.--The value of services received by
the Secretary under a stewardship contract project conducted under
this section, and any payments made or resources provided by the
contractor or the Secretary under such a project, shall not be
considered to be monies received from the National Forest System
under any provision of law. The Act of June 9, 1930 (16 U.S.C. 576
et seq.; commonly known as the Knutson-Vandenberg Act), shall not
apply to stewardship contracts entered into under this section.
``(e) Costs of Removal.--The Forest Service may collect deposits
from contractors covering the costs of removal of timber or other forest
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
313; 16 U.S.C. 490); and the next to the last paragraph under the
heading `Forest Service.' under the heading `Department of Agriculture'
in the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498);
notwithstanding the fact that the timber purchasers did not harvest the
timber.
``(f) Performance and Payment Guarantees.--
``(1) In general.--The Forest Service may require performance
and payment bonds, in accordance with sections 103-2 and 103-2 of
part 28 of the Federal Acquisition Regulation (48 C.F.R. 28.103-2,
28.103-3), in an amount that the contracting officer considers
sufficient to protect the Government's investment in receipts
generated by the contractor from the estimated value of the forest
products to be removed under contract under subsection (a).
``(2) Excess offset value.--If the offset value of the forest
products exceeds the value of the resource improvement treatments,
the Forest Service may--
``(A) collect any residual receipts pursuant to the Act of
June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 576b); and
``(B) apply the excess to other authorized stewardship
demonstration projects.
``(g) Monitoring, Evaluation and Reporting.--The Forest Service
shall establish a multiparty monitoring and evaluation process that
accesses each individual stewardship pilot project conducted under this
section. Besides the Forest Service, participants in this process may
include any cooperating governmental agencies, including tribal
governments, and any interested groups or individuals. The Forest
Service shall report annually to the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the
Senate on--
``(1) the status of development, execution, and administration
of agreements or contracts under subsection (a);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in development of agreements
or contract plans.''
Herger-Feinstein Quincy Library Group Forest Recovery
Pub. L. 105-277, div. A, Sec. 101(e) [title IV], Oct. 21, 1998, 112
Stat. 2681-231, 2681-305, as amended by Pub. L. 107-171, title VI,
Sec. 6201(d)(5), May 13, 2002, 116 Stat. 419, provided that:
``Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe National
Forests to Implement Quincy Library Group Proposal. (a) Definition.--For
purposes of this section, the term `Quincy Library Group-Community
Stability Proposal' means the agreement by a coalition of
representatives of fisheries, timber, environmental, county government,
citizen groups, and local communities that formed in northern California
to develop a resource management program that promotes ecologic and
economic health for certain Federal lands and communities in the Sierra
Nevada area. Such proposal includes the map entitled `QUINCY LIBRARY
GROUP Community Stability Proposal', dated October 12, 1993, and
prepared by VESTRA Resources of Redding, California.
``(b) Pilot Project Required.--
``(1) Pilot project and purpose.--The Secretary of Agriculture
(in this section referred to as the `Secretary'), acting through the
Forest Service and after completion of an environmental impact
statement (a record of decision for which shall be adopted within
300 days), shall conduct a pilot project on the Federal lands
described in paragraph (2) to implement and demonstrate the
effectiveness of the resource management activities described in
subsection (d) and the other requirements of this section, as
recommended in the Quincy Library Group-Community Stability
Proposal.
``(2) Pilot project area.--The Secretary shall conduct the pilot
project on the Federal lands within Plumas National Forest, Lassen
National Forest, and the Sierraville Ranger District of Tahoe
National Forest in the State of California designated as `Available
for Group Selection' on the map entitled `QUINCY LIBRARY GROUP
Community Stability Proposal', dated October 12, 1993 (in this
section referred to as the `pilot project area'). Such map shall be
on file and available for inspection in the appropriate offices of
the Forest Service.
``(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
``(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area designated
under subsection (b)(2) will be deferred from resource management
activities required under subsection (d) and timber harvesting
during the term of the pilot project.
``(2) Riparian protection.--
``(A) In general.--The Scientific Analysis Team guidelines
for riparian system protection described in subparagraph (B)
shall apply to all resource management activities conducted
under subsection (d) and all timber harvesting activities that
occur in the pilot project area during the term of the pilot
project.
``(B) Guidelines described.--The guidelines referred to in
subparagraph (A) are those in the document entitled `Viability
Assessments and Management Considerations for Species Associated
with Late-Successional and Old-Growth Forests of the Pacific
Northwest', a Forest Service research document dated March 1993
and co-authored by the Scientific Analysis Team, including Dr.
Jack Ward Thomas.
``(C) Limitation.--Nothing in this section shall be
construed to require the application of the Scientific Analysis
Team guidelines to any livestock grazing in the pilot project
area during the term of the pilot project, unless the livestock
grazing is being conducted in the specific location at which the
Scientific Analysis Team guidelines are being applied to an
activity under subsection (d).
``(3) Compliance.--All resource management activities required
by subsection (d) shall be implemented to the extent consistent with
applicable Federal law and the standards and guidelines for the
conservation of the California spotted owl as set forth in the
California Spotted Owl Sierran Provence Interim Guidelines or the
subsequently issued guidelines, whichever are in effect.
``(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity required
by subsection (d)(1) and (2), all road building, all timber
harvesting activities, and any riparian management under subsection
(d)(4) that utilizes road construction or timber harvesting shall
not be conducted on Federal lands within the Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District of the
Tahoe National Forest that are designated as either `Off Base' or
`Deferred' on the map referred to in subsection (a). Such direction
shall be effective during the term of the pilot project.
``(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on an acreage basis on the Federal lands
included within the pilot project area designated under subsection
(b)(2):
``(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and other
methods of vegetation management consistent with the Quincy Library
Group-Community Stability Proposal, on not less than 40,000, but not
more than 60,000, acres per year.
``(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection uneven-
aged forest management prescriptions described in the Quincy Library
Group-Community Stability Proposal to achieve a desired future
condition of all-age, multistory, fire resilient forests as follows:
``(A) Group selection.--Group selection on an average
acreage of .57 percent of the pilot project area land each year
of the pilot project.
``(B) Individual tree selection.--Individual tree selection
may also be utilized within the pilot project area.
``(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection shall
not exceed 70,000 acres each year.
``(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration projects,
consistent with riparian protection guidelines in subsection
(c)(2)(B).
``(e) Cost-Effectiveness.--In conducting the pilot project,
Secretary shall use the most cost-effective means available, as
determined by the Secretary, to implement resource management activities
described in subsection (d).
``(f) Funding.--
``(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on Appropriations--
``(A) those funds specifically provided to the Forest
Service by the Secretary to implement resource management
activities according to the Quincy Library Group-Community
Stability Proposal; and
``(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest, Lassen
National Forest, and the Sierraville Ranger District of Tahoe
National Forest.
``(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any other
unit of the National Forest System.
``(3) Flexibility.--Subject to normal reprogramming guidelines,
during the term of the pilot project, the forest supervisors of
Plumas National Forest, Lassen National Forest, and Tahoe National
Forest may allocate and use all accounts that contain year-end
excess funds and all available excess funds for the administration
and management of Plumas National Forest, Lassen National Forest,
and the Sierraville Ranger District of Tahoe National Forest to
perform the resource management activities described in subsection
(d).
``(4) Restriction.--The Secretary or the forest supervisors, as
the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will limit
other nontimber related multiple use activities for which such funds
were available.
``(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--
``(A) not more than 12 percent is used or allocated for
general administration or other overhead; and
``(B) at least 88 percent is used to implement and carry out
activities required by this section.
``(6) Authorized supplemental funds.--There are authorized to be
appropriated to implement and carry out the pilot project such sums
as are necessary.
``(7) Baseline funds.--Amounts available for resource management
activities authorized under subsection (d) shall at a minimum
include existing baseline funding levels.
``(g) Term of Pilot Project.--The Secretary shall conduct the pilot
project until the earlier of: (1) the date on which the Secretary
completes amendment or revision of the land and resource management
plans directed under and in compliance with subsection (i) for the
Plumas National Forest, Lassen National Forest, and Tahoe National
Forest; or (2) five years after the date of the commencement of the
pilot project.
``(h) Consultation.--(1) The statement required by subsection (b)(1)
shall be prepared in consultation with interested members of the public,
including the Quincy Library Group.
``(2) Contracting.--The Forest Service, subject to the availability
of appropriations, may carry out any (or all) of the requirements of
this section using private contracts.
``(i) Corresponding Forest Plan Amendments.--Within 2 years after
the date of the enactment of this Act [Oct. 21, 1998], the Regional
Forester for Region 5 shall initiate the process to amend or revise the
land and resource management plans for Plumas National Forest, Lassen
National Forest, and Tahoe National Forest. The process shall include
preparation of at least one alternative that--
``(1) incorporates the pilot project and area designations made
by subsection (b), the resource management activities described in
subsection (d), and other aspects of the Quincy Library Group-
Community Stability Proposal; and
``(2) makes other changes warranted by the analyses conducted in
compliance with section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604),
and other applicable laws.
``(j) Status Reports.--
``(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall submit to
Congress a report on the status of the pilot project. The report
shall include at least the following:
``(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds are fully
expended.
``(B) A complete accounting of the use of funds and accounts
made available under subsection (f)(1) for the previous fiscal
year, including a schedule of the amounts drawn from each
account used to perform resource management activities described
in subsection (d).
``(C) A description of total acres treated for each of the
resource management activities required under subsection (d),
forest health improvements, fire risk reductions, water yield
increases, and other natural resources-related benefits achieved
by the implementation of the resource management activities
described in subsection (d).
``(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot project.
``(E) A comparison of the revenues generated by, and costs
incurred in, the implementation of the resource management
activities described in subsection (d) on the Federal lands
included in the pilot project area with the revenues and costs
during each of the fiscal years 1992 through 1997 for timber
management of such lands before their inclusion in the pilot
project.
``(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area during the
1-year period beginning on the date of submittal of the report.
``(G) A description of any adverse environmental impacts
from the pilot project.
``(2) Limitation on expenditures.--The amount of Federal funds
expended on each annual report under this subsection shall not
exceed $125,000.
``(k) Final Report.--
``(1) In general.--The Secretary shall establish an independent
scientific panel to review and report on whether, and to what
extent, implementation of the pilot project under this section
achieved the goals stated in the Quincy Library Group-Community
Stability Proposal, including improved ecological health and
community stability. The membership of the panel shall reflect
expertise in diverse disciplines in order to adequately address all
of those goals.
``(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the pilot
project under subsection (g). The panel shall prepare the report in
consultation with interested members of the public, including the
Quincy Library Group. The report shall include, but not be limited
to, the following:
``(A) A description of any adverse environmental impacts
resulting from implementation of the pilot project.
``(B) An assessment of watershed monitoring data on lands
treated pursuant to this section. Such assessment shall address
the following issues on a priority basis: timing of water
releases; water quality changes; and water yield changes over
the short- and long-term in the pilot project area.
``(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in no case
later than 18 months after completion of the pilot project.
``(4) Limitation on expenditures.--The amount of Federal funds
expended for the report under this subsection, other than for
watershed monitoring, shall not exceed $350,000. The amount of
Federal funds expended for watershed monitoring under this
subsection shall not exceed $175,000 for each fiscal year in which
the report is prepared.
``(l) Relationship to Other Laws.--Nothing in this section exempts
the pilot project from any Federal environmental law.
``Sec. 402. Short Title. Section 401 of this title may be cited as
the `Herger-Feinstein Quincy Library Group Forest Recovery Act'.''
Section Referred to in Other Sections
This section is referred to in sections 2106b, 2109 of this title.
